Abbeville press. (Abbeville, S.C.) 1860-1869, September 14, 1866, Image 1
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BY W. Ai LEE AND iltJGII WILSON. ABBEVILLE, S. ., FRIDAY, SEPTEMBER, I I, 18(i(>. VOLUME XIV. NO. -2-2.
g^gp????a? !! ????a??? i
From the A'cw Ytrk Watchman.
bAchel.
I sit beside my silent hearth
And listen to the stormy wind;
It mourns and shrieks, like wretched souls.
Whom peace and hope can never find.
The clouds o'ercaet the moon to-night,
Its pale und ghostly light I see ;
The rain is falling thick and fast,
The dead leaves falling from the tree.
The dead leaves falling on the ground,
Where little foot-prinis still rnay be;
The wild, wild storm is in my heart,
T?? ?_:n: ml. ...I -1.
a to nnuiuigc owjr ? u*C l Uli lilt' i
O gentle cliihl! O loving heart!
O heart tliat grew close into mine!
O eyes of deepest, brightest light! .
Shine on my bleak heart, warmly shine!
The storm hss lulled, the wind is still,
My thoughts creep to the churchyard cold ;
They oreep beneath the wet. wet sod,
Bene*tli the damp and cbilly mold.
My heart lies down besido her heart;
'Tis true it long has censed to beat;
That little heart had throbbed for mo
In winter's cold and summer's heat.
Hop liltl* ?lA.n I. -v.:?
Had s'.ent, nor dreamed of Btorm or fright;
Had nestled iu my boeom warm,
And shall 1 leave tier out to night?
I see the large, dark eyes o'erflow,
The tear drops raining o'er her face ;
If she may not couie home with me,
Her bed must he ray sleeping place.
I seem to hear her loving voice,
I seem to see the smiling face ;
I seem to feel the dimpled hand
Caress my cheeks with uamcles3 grace.
These poor pale cheeks with tears are wet,
A "lako of tears" is in my heart;
lltOM I Q?o lio? f.in..
But she aud I must kiss aud part.
O mother of an nngel child I
O rkeptic licnrtBo sore and wild I
Do you Dot hear Ihc Suviftur sny,
"This is the icay, this id the way
O Lord of life t my dim eyes Bee
The stormy path to heaven and Thee;
0 loving child 1 O weary heart!
When may we meet, but never part f
T1k>u Christ of God. above the storm
Thy voice of pi'ying grace I hear ;
Though wild the din, without, within,
f. hear it still, low, sweet, and clcar.
1 hear the word, the storm is still;
.O Christ of Godl rule in this heart;
And take us all to see the child.
Where we may meet but never port 1
THE PAST AND PRESENT.
A THUE STORY OF A GREAT CHANGE ?
ARLINNTON AND ITS PROPRIETORS.
The Washington Intelligencer has the
|bllo?ingdescription anil narrative:
Avicittotho Arlington Mansion and
surrounding estate, a few dava since, tilled
us with oppressive and melancholy refiecti.?
t?? *- ? -
.vwiisi fuur yenrii ago ixobert lii. Lea,
then a lieutenant colonel of cavalry in the
Union array, and now commander-in-chief
of the rebel army, wag with bis family in
the happjp possession of that magnificent
inheritance. More than one half of the
estate, consisting of a thousand acros, was
covered with a fplendid forest of oak and
other timber, and the rioli and productive
fields adorned with the hand of culture.
To-day what a change. The venerable
p.Dcestral mansion ereoted by the honored
son by adoption of the father of hisCoun
try, and for lmlf conturv bid cultivated and
delighted bora?, is now in tbe centre of n
yae? oemetery of those who bare fallen id
the service of their country.
Two hundred and fitly arcea of this estate
surrounding the mansion have been
permanently appropriated tor burial purposes
by the . government, inclosed by a
substantial and handsome fence. Near);
thousand soldier* have already been
there buried, and the number is daily growing
larger. In 1853, Mrs.Custis, the moth
er of Mrs. General W <liwl in ii>?
- -r-r-~r UfctopManaioo,
and was buried in a sequestered
apd delightful grova near the man*
siop?and in 1867 Mr. Custis died, and hit
remai&fl were deposited by her side, avasl
concourse ?f peraqps qf every rank testify
ing their jmpgfjffa for jibe /departed bj
their presence at tbe obsequies. ~
* llA ae^itenri grove/ tbua selected bj
baa b<5eh trans
*qd %
two marble columns marking tb? remain
ot George Washington Parka Curtis am
from lb. ?L ?Ut. med for firwooS
Tk%, V3Ug? fit* wUWi?b??
opon ^p ^fli^op land Lhutotau
)ffl'3?0 .-'vr.dV/ ,? w& ?jj|^ ''
r
t
ed,and it is nil being put under cultivation
by contraband negro labor.
Mr. Custis inherited thij estate frotn liis
father, who was tlie son of Mrs. Gen.
Washington by a former husband. Soon
after hia mother died in 180'J, be, then
about twenty-five years of age, came hero
from Mount Vornon, and with his young |
and accomplished wife took up their roai- I
donee in Arlington Mansion, which ho h id
just then eieeted, and which evermore was
their beautiful and cultivated homo. The
fruits of this union wore four daughters,
all of whom died in infancy, exeept Mary
Custis, the wife of General Robert K. Leo,
Mr. Curtis' father, John Parke Custis, wa3
an aid-decamp to Washington, and died
of a camp fever in 1781, contracted at
the siege of Yorklown, at the age of twen.
seven years, lie had married at nineteen
: years 01 age, Eleanor Calvert, of Mount
Air3*, Maryland, a descendant of l!iu second
Lord Haiti more, when but fifteen
j'eara of nge, and at twenty-three slio was
thvis made a widow with four children.
Geu. "Washington hastened to Klthati).
Md., where tlio husband was siclc, only to
see him in his dying moments. This was
the only surviv:ng child of Mrs. Washington,
the daughter having died some years
before, lie was deeply affected, and,
weeping, said to the mother: '*1 adopt
the two younger children as my own."
These were Eloanor Ciistis, then two and a
half jenrs of age, who died at seventeen,
of consumption, and George Washington
l'arke Uuslis, then six months old.
General Robert Edmund hoe is th* son
of General Henry Lee, of Revolutionary
memory, nnd known a3 "Light Horse Harry,"
ivliose mother was the beautiful Miss
Glimes, General Washington's first Ijvo,
and whom he celebrated as "iho low land
beauty." General Harry Lee was twioe
married, liy the first marriage bo bad
two children, Henry (an ofticer in the war
of 1812) and Lucy. By the second wife
?a Miss Carter, of Shirle}'?ho hail five
children, two daughter?, Anne and Mildred,
and three sons. The sons were Cbnrlcs
Carter, Robert Edmund (the general) and
Sidney Smith, the last named an officer in
our navy, and now in the rebel navy.
General Robert E. Lee was born in 1808,
and is, consequently fifty-seven years
of ago. He graduated Recorid in his class,
in 1829 (Judge Charles Mason, of this
city and formerly Commissioner of Patents,
standing first in that class), and was
assigned to the Engineer Corps as second
lieutenant; in 1835 Assistant Astronomer,
fixing the boundary between Oliio
and Michigan; in 1830 promoted first
lionfr?ri finf contain In 1 filQ
eerunder Scott, in Mexico, and greatly
distinguished, being promoted successively,
by merit, mnjor, lieutenant, colonel and
colonel, for bis gallantry ; in 1852 super*
intendent Military Academy; in 1855
transfeired a3 lieutenant colonel of tbe
new regiment of cavalry; March 1G, 1861,
prquaptcd colonel of tbe First cavalry;
resigned April 25, following, and reluctantly
embarked in tbe rebej'ion.
Tbe following are tbe children of Gen.
Lee: George \Va6biDgton Custia Lee,
about 33 years of age; Mary Custia Lee,
ftkniit an "VV TT_ 1, T -i .
WW . U*. jlxjt . 1; lu&iiugu UUUU?*
27 ; Anna Lee died at Berkely Springs in
18G3, and would bavo been now about 25;
Agnes Loe, about 23; Robert E. Lee,
about 20 ; Mildred Leo, about 18. None
of them linve married except William
Henry Fitzhugb, whoso wife, Miss Charlotte
Wickham, died at Richmond in 1803.
The eldest sod, George, graduated at the
head of bis class at West Point, in 1854,
and waa a first lieutenant in the corps of
engineers when ho followed his father into
the Southern service. William Henry was
farming upon Whito House estate which |
. belonged to the Custis inheritance when
. the war opened. lie was commissioned
i second lieutenant in the Sixth infantry, but
t re^nged in 1850.'' Robert wns Was at a
. military school in.Virginia. The sons, it
r is well, known, are all officers in ;the-rebellion.
The three surviving daughters are
with, their mother, who, it is believed, baa
' I.II. J. .1 T Jl j.
laiKii^ vgcu m JUJUWlOUrgi
f Mr. Oastisat tbetiase-of hia death, own.
ed some 200 slaves, who, by his Vill let*
9 to be fire# at the termination of five years
8 from bis deqtb, which period expired Oo|
tober 10, 1862* The-most of these slave*
j were kept on tlie White froi^e estate, and
. allthfe' valdabb per^MX ?e?B*y*ied Sooth;,
s abbe 20 of more old
i yo??g childreiv.W Arlington.
!. Mr. Oosttf mother.<j0iwfd Abe. White
1 House estate and resided 'there when the
J became the wife of General Washfngfon.
! >T! .4
GOVERNOR'S MESSAGE.
BX BCTTI V B 1 BP A HTM BNT,
Com'miiia, 8. C., Scplembor I, ls'iiff.
Gcnthuuu of t/ir tfniatc
a in/ J/onsr of itlitf!n .t:
1 liavc convened tl?o (Jem-nil Assembly in
extraordinary region, lor the purpose of recommending
such niiiililicalieiH of existing laws
with reference to persons of color as will entitle
the ttibnnulAof thin State to ex-ieinf jurisiliolion
over llieni in nil cnsi>* Mirli : i ?>r
tlicse tribunals as may be beat adaple J l<? lliis end;
such en:ic!i>irti(s :is will affect gi eater certainty,
us well nt? economy, in the punishment of crime
amongst all classes ; and lasllv, sucli inea.->uroR
of lelief as, in my judgment, we neccesary, in
view of the present condition of the people.
It id n striking anomaly, thnl mote than onehalf
of nil the inhabitants of ilic Stale ure^ not
amenable to trial before the Slate tiihunals. and
arc exvtnpt from all liability l<> punishment understate
laws. Iii a majority of the Districts,
neither Provost nor freedmen's Courts arc in
existence, and persons of color perpetrate crime
with impunity. Soui'j of their ?nivest offences
against society are tried before .Military Com?
mission*, but ihu lung delay in bringing '.ho
criniiiinl to justice, the necessity oftentimes of
removing him to ,i remote place, where a Commission
is orgnnized for trial, the ditlicuity of
securing the attendance of vitnot-es, and the
expense <1 evolved upon the jnosteulor, conspire
to render such tribunals \v1i??l!y iik Aieit-nl in
punishing the guilty, or detc-ning fillers from
perpetrating crime.
Where Provost Courts ore organized, the punishments
impose J on freeumen for crime are not
in conformity to our laws, unci are much lighter
than punishments imposed hy State Courts upon
white uien fur tlie same olFer.ce!>. The lnws of
every well-regulated State should operate equally
upon all the inhabitants, and if a while man
is panifhable hy death for arson or burglary,
thero is no justice or propriety in permitting h
frcAilman to rscape for u like ofleiiee with n tine
or light imprisonment. 'When our lit up arc so
modi lied that all persons may he tried before the
same iriliumtl, ami, upon conviction, Fubjenled
to the fame punishment fur the mine class ?f offences,
all reason for the interference of Federal
authority with the iidministialion of justice will
have ceased, and no impediment will exist to the
jurisdiction of the Slate Courts over till eases,
civil And criminal.
In the scries of Acts, passed ill December last,
known as the Code, there are various di*cri:ninatioiiK
against frcedinen, which should lie repealed,
and civil rights and liabilities as to crime
should be accorded In all inhabitants alike.
The laet section of the Act to establish District
Courts provides that "the Judges elected
under this Act shall not he commissioned until
the Governor shall be satiftird that lliey will be
permitted to exerciso the jurisdiction committed
The Judges have not been commissioned, hnv
injr satisfied myself lliat lliev would not l-e per-]
milled l?y the military authorities to exercise
jurisdiction over persons of color, which was the
nniiii purpose in estublishinz the Couits. The
District Court ma}', however, bo made invaluable,
by increasing its jurisdiction in civil, and
restricting it in criminnl cases to offences punishable
with less than death, thereby relieving the
superior Courts of many cases which rthe
despatch of more important business.
I therefore rccomuiend that the sittings of the
Court he quarterly, or oftener, if necessary ; that
nil misdemeanors and felonies now puuishublc
by fine, imprisonment or whipping, by whomsoever
committed, bo tried in tliut Court; that nil
felonies punishable by doath, including the different
decrees of homicide, be tried by the Court
of Genera] Sessions ; that the offices of a grand
jury bo dispensed with in the District Court,
and defendants tried 011 indictment without presentment
or true bill; that, with the conscut of
the parties in civil case*, or of tho defendant in
criminal cages, the presiding Judge may hear
and determine any cause or indictment without
the intervention of u petit jury ; that the petit
jury shall consist of t<velv<s and the venire of
eighteen ; that in cose of tho acquittal of the
defendant, the Judge be authorized to certify, if
in his opinion the facts joElify it, that tho prosecution
was frivolous or groundless, and when
such certificate is givon, thut the prosecutor be
IimIiIa flip hit Mid nnall fin nlliap
security to prosecpte be required by a Magistrate
from a complainant than his own recognizance ;
thai the jurisdiction of the Court in civil cases
be exteuded to $200; and that the jury be puid
for their services by a fee taxed on each case
lliey may try. |
By the thtriioth section of the "Act to establish
Distriot Courle" it is provided "that in every
oase, civil and criminal, in which a person of
color it t niHv wKSaIi 41? ?- ?
? ? r-rvi *" wi??wm niicwia M|p pi'lWU or
property of a person of color, persona of color
hall be competent ^ilneeses." The accused in
saoh a criminal case, nnd the parties in every
euoh civil cue, maybe wituesses, and so may
every other person who is a competent witness,
etc.
The #rat paragraph of this sectipn, admitting
persons of color to testify in all esses .where
themselves nr their race are direotiy concerned,
and excluding Ibemby implication in a|l caws
where they are not interested, cannot be reeOn*
cited with sound policy or just discrimination.
Tbey are admitted in that class of eases wVere
their interest, sympathy, association *nd feelings
Would be most likely to pervert'their consciences
and invite to false swearing, and are excluded
from testifying in all <^ms wbero no motive
cooldofcUttoexcept that of a depraved
heart. The dlaUnetion It illogical and
iodefenaible, and U caunot bo denied llmt it has
iU fosn<!*$io?Jn a prejqdiceagainsttho ?ui?
of the negro. If the rules of evidence ia all the
CoarU were W modified i(a to make all persons
rod pmtia?compau?nt witaeaapi itt.their otvwand
othe^jMiet, Qp ^wb^e daug^r Mold result from
j it. Many of Ihc Stale* of I lie I'nioii, ami jo-ve- j
| ral of the civilr/.eil countries ofllie oid woild. j
! have tiled the i'.\|irriinctilf nn<l lh?? result proves !
| that the cause of truth unit j'is!:ce Inn been
! I hereby promoted. l'lie object of wry judicial i
investijiation is to iiyoerlain thettiilh, ami when !
found, to dispense justice in conformity (hereto. I
Willi intelligent'liidnei ni.d discriiiiiuuliiiir ju- |
; ries, correct conclusions will he more certainly |
I attained by hearing every fact, whatever may .
be the character or color <?f the wiliKW.
In tlio fecund paragraph of the feci ion ;
; already quoted, the tlcneral A>seniMv have !
' reached (Ik- sime conclusion; for in nil cares j
' where persons of color are allowed totestifv, all !
i |
persons, inclti<!im; parties, arc declared eompe
; lent witnesses. Would it not he eminently wis?
l<? r.itopl the si'ine rule in nil t'ourls, and extend
it to nil persons?
In civil eases, tlu? testimonyof i erson* of col- :
" I
?>p is oftentimes requisite to ?lueelnte the facts !
and secure n just decision. They constitute :i .
majority of I he entile population ol thn State,
and of necessity are often soli' wit fusses of conI
tracts and tiMiisaelions between white persons
! Shall the parties in Mteli eases be denied justice,
i hy excluding the only evidence to secure it, he
: cause of apprehension that it may lie in a measure
unreliable? Would it not be more in ae- j
eordnnce with uii established rule, to receive \
ilie c-vitlttiicc and weigh its value? In the law |
. c-f evi deiicc, 11 jo diameter mid Minding o( a j
, witness g?crt to ufl'uul his credibility, ur.d mil j
' liia competency. Why not, in ilie case of the j
person of eolor, follow this rule to its logical con- !
i elusions ?
In criminal casea, llin?e considerations weigh
I wjtli peculiar force. The negro is readily ik?
| ecived and corrupted, and becomes an ea*y pre/
to the machinations of depraved while men;
| and punt experience teaches thai he employed
j to execute the most dishonest purposes, and
! with impunity ta the principal, because of his
; exclusion n* a witue.?s from the Courts of justice.
| Tho eluewd ami cunning continue to put the
negro forwurd in tho commission of crime, and
; they go unwhipped of justice, because the law
foibi'Jri that the testimony of the negro shall be
; heard. I)oea not the exclusion of persons of
color make t.lieiu invaluable uccessorieH to the
| perpetration of crime? How can Kociety lie
! protected egasnst llutl largo class of infamous
i clime?, now m> prevalent in thinState, unless by
making the negro a competent wilneM, we
| avail oumelvea of all acccssible evidence to convict
the oflemlcis ? And will tlio law of the
State continue to oiler a reward to the dishoti1
est lo furtlirr tempt and corrupt the negro?
; The well being of the State materially depends
I upon the elevation of this class of our nonuln
! tiou, am] if there wn? no oilier argument in be- j
i half of tlieir admissibility to our Courts, the '
tendency of such a measure to elevate their trior- '
; al iiiiil intellectual character would lie suftioient
| The dishoneft may object to the extension of
i this right to all ciwiep, because it reduces the
field lor hie nefarious opeintioim, but if (he good
| nnd virtuous ore protected, society is amply
| compensated for tlio chnr.ge. Men of probity I
j and integrity have no reason to apprehend Htiy
evil cotmeijuonces from the chiinge. The discrimination
of Intelligent Judges and juries will |
Im a shiehl against unjust charges supported by
false swearing, and.the name intelligence will
hring the really guilty to condign punishment, i
The great increase of crime umoiij* the freedmen, I
and the inadequate punishment inflicted by ex- <
isting tribunals, make it a high nnd important >
duty devolved on you so to modify existing leg- I
iulution us will secure a transfer of jurisdiction i
i.. it?? r\...r!a ir it... r i?- .
I ?v vwm**" '"v "''fib1*'""""0 * l,u*c '
| made do not mcnt ihe approval of 3*our judgment,
i will cordially co-ojiernto with you iu
attaining the end in any way which your superior
wisdom may indicate.
The prevalence of crime among the whites, ns
we'l aa blacks, in every purl of the State, admonish
us (hat the criminal code is defective,
nnd that the punishments imposed by it are inadequate
to deter offenders. The penalties attaching
to cunie ore fine, imprisonment, whipping
and death. The death penalty is imposed
on conviction for murder, arson, burglary nnd
other crimes; but the repugnance of juries to
convict and imposo that fearful penalty, except
for murder and two or three other enormous
crimes against society, often enable the guilty
to escape under the most trifling pretext: and
even when persons are convicted in such cases,
! iltn JU llutinllu !??? vonntn _
inundation to executive clemency. I
There is no proper punishment, nnder the
laws of this State, for high niisdcmennorit and |
petty felonies. None of llie jails of tho Stute ]
are constructed for work-houses, nnd convicts \
sentenced to imprisonment spend their time in
idleness. The expense to the State is very
great, and, in our impoverished condition, the
people canuot well bear the heavy taxation no- ,
ccssary to support these convicts in idleness.
There are m<my convicts who find themselves
I comfortably housed and well fed. and who. <>*
enipt from all labor, do not rrgard imprisonment
as a punisbpient. Tliey are virions, depraved
iion-producera; and tlie effort to
punish them is really a punishment to the
honest taxpayer, whone labor, in pnrt at
lean;, is given t<? support them in indolence.
The number of convicts will hereafter be greatly
increased, and, if the present system of punIshmentabe
oontinued, the appropriation* to jailors
for dieting prisoner* will l>e greater thaulki
expenditure for either of the deportment* of the
State Government., To remedy all these evils,
I respectfully recommend that yon provide for the
establishment of a penitentiary, at Columbia,
and appropriate not l?ae than 820,000 Ut ereot
? wan aruuuu i>up penitentiary ouiiuiugs, and to
mnko cells for.conviots. Muck of the labor in
erecting the ' ri?c*es#ry buildings, can b?
performed by the cotivcts themselves- If a
favorable site should be selected. convenient
to-, sufficient water power to drive all. the
machinery that may, he requisite to carry
on msnuraCtoi'ia In wood, leather, iron, yarns
and cloth, the penitsntirfry may be tosfda
nearly i( not qnite self-supporting. Punishments
may then, be impoaad.according to Uie
enormity of ifie offence ; juries will liuve no
Ktntnrion to convicting'the guilt?end convicts,
while undergoing purgation for their orlraerf, '
will be oompelled to earn ibeitplollnog and?ubTb*
completion 61 the prison and the'
doetlew of the requisite machinery wilt'
. course, be a'workof tltoe; but, if proper ecow* -j
mv is practiced in bq|ldir^j|n4W<t '
expense will hardly be.fell; and.ln tbejnean- i
Ume; the cotjvlcti can be anbsittett as bMajfly i
id ia&e District jails; whiUtfeeinbrt ?* ??? ?
r*n*r\-Xoii
?
iih nro nut r< (|iiii(.il (iii tlio liuihliii^s*, van l?? tl<il"
llii; vaiiotis iininiifiictiiKM of Icatlicr,
Woi'il ami iron, yiclilitit^ a fnn?l l<> llm ^tale to
iiH-fl. tin* fxpi>ni;i! of tlieir miImwIi'IU'c.
If yon fIiouM li-tcrminc to establish a pottiIfiilinry,
il. will In- iicoeBsury that tlic punish 1110111?
now iiiij liv law lie no clinniruil as to
Ooiifoi'iii lo ilie ih-w | risoh sy.ilein. J)efoio put;pitur
from tin* snljcet of tliu criminal law, 1 ?!<
i-ite lo invite yonr attention to (|i? necessity
f<>r more striiiucnl li'L'inIiition for the supprew j
sioii of viiyraiiey. Tl.*> law 'honUl not only
provnle for tlio puiii?1ii.ioiU of ill).; ati'l ilir-fo- |
lute persons, who arc pormuitciilly ilomiciku, |
1 siioulO i.Mf inl to trimsiviil persons wntiili-ritiy
over I lie St-ito, ami \v!io have no viiil.le
means of support ; ami tho dijty of enforcing j
tiio law k1m>uU l>o <levo! v? >1, nmler s-l i ingeiit.
penalties, upon tlio SlioriHV, i
irate.* mul Const allies of the povernl lii-striet*
Since your ?djitiii'iinifiil in ]'i-cihIm r list,
tl.?; Couit. of it: this Statu have, with a 1
nin;_'le opinion, <leelare?l lit" Sl:iy :
I.aw nr:?l :i!! nineniimonts thereto uneonstiluUmii-iI.
'Mrs ilei-is-ion li::s proilneed ivst iv.-ni <s 1
*inil <li->.--nli-:!.i<-ti"n in iiiiiny part* of tho State. j
l'i:h!ie :i?ei tings* linve tn-cn held in several l>is- !
11i?:t.-?. !?n?l tl><> Legislature lias been appeal- >1 ;
to, in furnish foi*io protection to the debtor
rln?B, who anticipate gesscra! sueing in tho full 1
term of tho ('owi#. i
After a euivful xaiuinnlifiu of tho opinion of
the utile and loaineil Chief .Insliee, ns well nother
authorities', 1 fr-el it my ituty to nay that.
I entieur fully the opinion o! the Cmii t, and
believe that their exposition of tho conelitu- !
lional question is unanswerable.
The people of Sot.lli Carolina have hen
proverbially law ahiilinir; ninl when nnareSiy
reigned f-opreme, lifter tho fall of the Confede
racy, lawlessness was universally dir-couraged i
hy tho belter classes in every community. )
Now, when civil law is re>-l'>reil and we lire 1
remitted to our own laws and Courts to pro
icci i ignis mxi rearess wrnn?? surely no eiti--!
/.fii of good repute will advise tumult and vi I
olenee agninsl. ' lie solemn judgment ol' the high- j
estjudieiel tribunal in the *>tnte.
]n vi?-w of llio eireuinstanecs surrounding us '
?when it i.-? renv?ml>crcd that the State has ;
just emerged from a long and dibits)rious war, j
in which not only her sous l?ut hoi resources !
were prodigally bestowed , that our banks lmve j
all !> en dcslroycJ ; lhat more than three bun- |
?lr?d millions of j ropei ty have Ik-mi nnuiliila- !
led; dial all the fountains of credit and prop- j
criy have been broken up; that otir pystoin of
labor has Wen disorganized ; lhat the refresh- 1
inc and revivifying showers have hecn with-J
Iu*ld from a parched noil, and that want, if not ;
fauiiiii', will keep ghastly vi>;ils in mnnsion nn<l i
in liovt?!;\vlicu it U rcmcmhered th it nearly nil 1
of the iniMMriinnls of tlu'Stuie have been uble i
to compromise their indebtcdncw to Northern !
merchant* on most liberal terms?surely, the ;
creditor clusa will practice forbearance and i
give their debtors still further indulgence Jf j
compelled to enforce collections, they should, i
in the same fair liberal cpirit, make cornpro- I
mines with debtors, ao as not to drive them and
their families from home, kindred and friends
The existing embarrassments growing out of
the indebtedness of the country will, like other
evil*, produce beneficial result?. Debtors
H.:n r..k/i u ?? ii.,:.. ;niAH..a? ?n r. 1 _ %
\? III fill's II IU (lieu IIIUUIUOU IV inline lllllll nil?
justmetit of their debts, even though they nre
L-ompnlletl to surrender their properly. Aa
longns their debts remain, interest will be nccumulating
in more disastrous bankruptcy.
If they surrender their property, now to creators.
they can resume their occupations and labor
with cheerfulness?knowing that its proseeds
will, sooner or Inter, rebuild their broken
fortunes.
The debtor who desires to comprnmiao with
his creditoib has the means of compelling the
veriest Shylock to nccept fair terms, or exclude
him in nil share of hU estate by assignment,
giving liberal creditors the preference, or by
voluntary confession of judgment.
Believing that no Stny Law enn bo pnesed,
pmbracing nnteeedent debts, thnt will not conflict
with that clause of the Constitution of
the United States which declares that "no
S'fclesbull pass any law impairing tlio obligations
of contract.'." I respectfully recommend
for your consideration fur the relief of
lebtors:
1st. Tlmt imprisonment for debt, on mense
ind final process, be abolished, txcept in esse
[>f fraud ; ami then, ns n punishment for the
srimo ratiier than us a means of enforcing pay*
merit of the debt.
2d. That no costs he taxed against a defendant,
either for the officers of the Court or for
the Attorney.
3d. That the Insolvent Debtor's Laws be bo
extended as that an}- debtor may, by petition,
after doe notice, 6uintnoii in all ilia creditor?,
and, upon assigning his estate ond effects for
their benefit, be discharged from all further liability,
not only sueing, but to all other creditors.
Being thus relieved from the incubus'resting
on him, the honest and enterprising debtor
will go to work with nlocrity and prove himself
a useful member to society.
Tho Concresa of the United States has iuiIhority,
under the Cont-litulion, to pass uniform
laws of bankruptcy : but there i3 no pro
hibition upon the Stated, and as Congress has
Dot exercised ilia authority delegated to them,
llio States may, with great propriety, pass such
law*?and they will continue of force, until
Congrcvs adopts n general banki'U[)t act--which
would supercede all Stuto legislation on the
subject.
The General Bankrupt Act of 1811, passed
by the Congress of the United .Slates, extended
iiH provisions to antecedent debts, and iu constitutionality
was not controverted l>y the
Courts. No Constitutional obstacle, therefore,
preclude the General assembly frotn incorj oating
tho same feature in thelegislation.
It is proper hern to remark; that if a Slay
Law could be pasAU which could be free from
all constitutional objection, it would not protect
debtors from suit in the Federal Courts.
A creditor residing in the State who had dote
rrniosd <o enforce the payment ' of hi* debt,
SUIllU I cauujr HBIUIW ? tw B UVU-lxaiuviir, ? ? .
if the sura exceeded five hundred dollars, suoh I
non-resident could abonoe institute suit id the [
United State# Court, recover judginatit, issue
execution and sell the dfabtpi-'f. property. .J^ofr,
tvithsUuding the existence of a ptiiy taw.
Booh a law would not b?re46?ttixedor enfor*
ned in a Fuderol Coui t. ,: !n '
rhe Cortp'lele dfeorgaiiiMthtii of the Ubor
of tbe State lo 18Gft.Jre?ullcd in tb? produotiou
of vervthort nfwvisWb scft>pe ;?nd to supply
the dsftoi^ayJ laW^qnuntitie# of breedrtofts ;
have already tweo imparted iota the. ?Ut?f at
enormous cost X^liaperfec* organisation of
the system of freitWpbr, and the unprecedented
d&tfKhr^im^a^ TWViWl-aurtrig 'iffel
and Anaaat, thronchoU*tb?<
pUfet d* <*ywfdo/frotW
ad tiat?m*t?,. ppnroximstmg moniM, of tba
e*t*t-?'lh*'ienwe <bt tbd provHion orop^Sd*
iUrri\ioQ. I ihvitsyoif MrQMt tadprompt
consideration of tb??tihjMt. ->
vv'.* +atbilit*i%r.! ?i?W v%Si|'Vll* ' "\r'l
f > ' ?' * .
V-'.
rmnwamaanmammanaMtmasmmm i ** ?> ! m>
Foiin?1 political economy or<liunrily con
| .Innns tlio fccilini; "I its population l>y tlii*
i (tiH'cniiiieiit., iih tlio inovitaMo coni'oipn-ix'cH
| nr? to iiifivnsu iillrnes:i, pauperism ami <:iim?\
lint, wIici'u tlio provision crop ?>!' u wliolo pmiii
1 Iry w destroyed by l>lii;lit, or wlicro |>r?>il?to
lion is ku.'I'piuIihI l>y Ioiijj continued drouth',
| aii'! I lie <1 litii-ncy in trm-o-i 1 to those cause*
| iailier llotu to tliu idlcnciM uI tlio jio|mluti'*.n,
; 1 t;tn 'iiity niul sound policy alil;o justify ll;u
i (Jovrnitvifiit in lctxlintr or |ti\jug its menus lo *
cave ilut peoide from stm vnl ion?tr? nrr. kL (lint.
increase of crime, whieh want always products,
and to slay emigration to inure favored locitliliis.
The pretseiit peptization is itit>i:!Ticienl
to tiSI 1 !?? Sail of the Stale, and to dcv lop iU
refiiiii-.-es ; and it is n high duty of the t'ovei
n:iietil to remove, as f.ir us possible, tin: neii-s-ity
for emigration bej'uiid i is borders. The
embarrassment of pupp'3 ing fooil for tin- needy
will Imj greatly increased niter the first of Octol?er,
when the Freednien's Unrcau will cease lo
issue rations for the indigent anil helpless
whil< s atiil freedincn, who have I'i'tn hereto
fore fumidicd with subsistence. You may find
it ucccwnry toiiioronno the powers, duties and
responsibilities of tlie Commissioners i f this
Poor, uinl to organi/.o sueit bodies in all l?isirictsof
the State. In mivt of the I'istrictn.
laud and buildings have heretofore been ne?
ijnired ntid crectul for the whites, but they
ni'ist be enlarged, so as to provide ncenmiiiod
itioiis f(.r pauper, idiotic and helpless fi eedmen.
'l'he failure of the T'onrda of Commit-ior.ors
of the I'oor to ptovide for the helpless, in si ^
great crime against humanity, nnd additional
|.. r. .UV1I..1 Ui: IHIJU'M-U Ii_y law agr.lili',
such .1 neglect or refusal to pel form prop.-rly
tlii.* philanthropic duly.
Tlie capitatim tax imposed liy you, nt the
last session of the I.og:!.Jaluro, on frecdmen, liasi
not generally l>octi collected. The Complroller-licneral,
following a suggestion mado hy
rnc and approved hv the Altorney?Ueneral,
instructed the 'l'nx-Collectors not to issue executions
against the frecdmen, (or the capitation
tax, tint it the present session of lite Legislature.
This was to avoid all conflict with tlio
military authorities, arising out of the fact that,
our courts were not used for the protection ol"
tliu freednion, and no provision was made for
the support of the iulirm and lielplcrs. 'NVlientve-r
your legislation remits the custody of
perrons of color to the State laws, these executions
may he issued. I'roper diligence ly tho
Slier ill's will enforce the satisfaction of most of
these executions, and the fund may tlion ho
appropriated exclusively to the support of the
class from which it is d. rived.
If rl 1.1 - -1 ? ?
a? j-/u riiwuiu, ill juiu WICUUIIJ, Ut'ltTUIlIIC IV
make an appropriation to buy Hubsistcnce for
the indigoiii white and colored, the beveraI
Hoards of Commifsioners of the Poor, -would
1)0, perhaps, tho best agent* for its dislribu<lion.
To meet any appropriation made, tliere is no
resource available, and tha funds can only bo
raised by issuing end selling State bonds. Tho
credit of tlie State bos heretofore been untarnished,
and a reasonable hope id entertained
thai bonds issued for such a purpose will command
nearly par, in the money markets of the
United States or Europe.
As tho present is a called session, and you
may desire to return to your homes at the earliest
daj compatible with your public duties, I
shall defer, until the regular session, bringing
to your attention the general financial condition
of the eitate, or making any recommendation
for putting it ou a safo and satisfactory
basis. Under tho authority of your Act authorizing
tho issue of bills receivable, ill payment
of the indebtedness of the State, the
Treasurer had engraved and printed bills to
the amount, of $390,000> and bus paid out, to
the public ofHcere and other creditors of the
State, only ?150,000. Most of the Tax Collectors
have made their returns, and the legal
tender United States notes pai<] into tho Treasury,
together with the bills receivable not 3'et
issued, wll enable its operations to be conducted
without embarrassment until your regular
session. Of the bills issued, thero liavo already
been redeemed, in payment of taxc?, $72,OuO.
Ko appropriation was niado to defray
the expenses of engraving and priutiug the
bills, Imt tho Treasure*, acting upon my recommendation,
advanced the expensrs incurred
from proceeds of the loan heretofore authoized
to be made. The amount paid by liim
was $4,430.12. I recommend that an appropriation
be made to cover this amount.
If the Treasurer bad declined to make tlio
payment in ndvanco of the appropriation, tho
Act could not have been carried into execution,
without convening an extra seseion of tho
General Assembly.
At the last session of the tjcnernl Assembly,
"full power and Authority" was given the Governor
to make "such regulations ns in his opin- ion
might he neceppnry to prevent the entronco
nnd p oread of Asiatic cholera in this State." /
In February last-, I opened a correspondence (
with Mujor-Gcneral Sickles, with reference to "
the establishment of a rigid quarantines at all
the eenports in the State, which resulted in the c m
military authorities' undertaking to establish "
and enforce proper quarantine regulations. I ; j
nm happy to pay to you that the duties, under
orders h orn Gencrnl Sickles, hovo been veil
performed, nnd not a single ease of cholera or
yellow fever lias occurred within tho limits of
the State.. . . Tho
work of re organization and rcoonatruc*
tion is progressing slowly, but steadily. Our
Senators and Representatives have not been
admitted to aeats in the Federal Congress, and
we have received no relaxation irom onerous
taxation, notwithstanding ire have been denied
representation. It is bslived, however, . "
that onr fellow-citizens in the North and West ' J *
will not much longer permit this flagrant injustice
to be continued. ThoState Government
is entirely re-organiadd the law Courts held
their regular sessions <n the spring, and' dee*
patched niueh business, v?hich his been anon*
nmlptiog for years, nnd very generalljrcle#re<i
the criminal dockets. The CotarUof Chancery
hare also' been regularly held on df the circuits.
The machinery of justice la iu fulkopa^v\
eration, and priysUj righto and publip ?roag*-' *
can be enforced and punished. , .
" However much all may deplore that throrft*
cress of the Stale hsa'been^retarded, andtoedba.
perity. piualyxad by log* of forton* aod/onttli^ aod
hy yngrt.c^p^V^. w^.apq m.^gly, <?fel
fov o\tr people ? lo redouble tbeir tojrrgjpK * #?
banish uDava iling regrete? meet advit?i?j> will* *
a stout heart and brave hands, and through tlni *
pproiiog smiles of grBCious HcnyoD, oupyea
?'
'** ' <v?) to Mil": JAMES L.- ORB. > ? f
s u?rY?kippw"ii''iM i.ibi*' i QxJit ? " l
WhaHt tlifi moetsuiking instance qo,. J
record 6f the evil of iotem^dmao*
Th?tdf oor flm parents, Adltnv *b* f %
^fcy*ta-~ tb0 'hour ?.b<Mta>ii ?iid*
twelve ^iiteirg bi^fft *:Bb&t& Wt^itt "
ctte."l>,: *'J '' ' ' *' 1
?*,? to ft'si'i v!'i'.'iW"'Vjf??;. ,.' *vy'"'
. ,!>:vv. W .??* !-' !-r >-. -?i UiJt a;' ... '
' i^cT'''''. ;> ;